09 Staff Report - 16010 Stephanie LaneMEETING DATE: 01/22/08
ITEM NO.
CONSENT ITEM
COUNCIL AGENDA REPORT
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DATE: January 4, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZA'T'ION OF AN UNINHABITED AREA DESIGNATED AS
STEPHENIE LANE NO. 3, APPROXIMATELY .33 ACRES LOCATED AT
16010 STEPHENIE LANE (APN: 523-25-031); FILE #AN07-144.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
Stephenie Lane No. 3, approximately .33 acres located at 16010 Stephenie Lane (APN: 523-25-031).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Town's Urban Services Area boundary and within 300 feet of the Town limits if
the use is intensified. The property owner has requested annexation in conjunction with a pending
Architecture & Site application for a new single family residence.
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives
the cities in Santa Clara County the authority to annex territory without application to and hearing by
the Santa Clara County Local Agency Formation Commission (LAFCO). The process is initiated by
the Town after the property owner files an annexation petition. However, legislation that became
effective in 2004 now requires the Town to hold a "protest proceeding" even if the area proposed for
annexation is uninhabited and all property owners have consented to the annexation. This first
meeting and resolution sets the date for the protest proceeding.
PREPARED BY: Bud N. Lortz, Director of Community Development
Reviewed by: A Assistant Town Manager Town Attorney Clerk Q. Finance
Community Development Revised: 1/4/08 4:21 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: STEPHENIE LANE NO. 3; FILE #AN07-144.
January 22, 2008
DISCUSSION:
The Town has received a petition from Osama & Cindy Nijmeh, owners of the property at 16010
Stephenie Lane (also addressed as 15997 Blossom Hill Road), requesting annexation to the Town of
Los Gatos. The property is located in an unincorporated "island" of the County. The annexation
includes land area that will be granted to the Town as public right-of-way along both property
frontages. The right-of-way grant is also being done in conjunction with the pending Architecture &
Site application for a new residence.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre-
zoned R1:8 (single family residential, 8,000 sq. ft. minimum lot size). Annexation will allow Town
services to be extended to the property and help fill an existing County "island." Santa Clara County
Planning and the County Library Service Area have consented to waive protest proceedings. The
protest proceeding has been scheduled for February 18, 2008.
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject property is exempt for the California Environmental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL IMPACT:
The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization,
and must be paid by the petitioner:
Map, Legal Description and Guideline Checking Fees
$2,000 (paid)
LAFCO Processing Fee
959.00 (due)
State Board of Equalization Fee
$300.00 (due)
The petitioner has paid an Annexation Fee to the Town of $2,400.00.
Once the annexation is certified by the State Board of Equalization, the Town will receive nine point
six percent (9.6%) of the property taxes.
Attachments:
Resolution making determinations and approving the reorganization of territory designated
Stephenie Lane No. 3, with Exhibits A& B.
Distribution:
Cindy Nijmeh, 1017 Curtner Avenue, San Jose, CA 95125
Michael Lopez, Planning Manager; Environmental Resources Agency, 7`" Floor; County
Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
RESOLUTION 2008 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
STEPHENIE LANE NO. 3,
PROPERTY LOCATED AT 16010 STEPHENIE LANE;
APPROXIMATELY. 3 3 ACRES (APN: 523-25-031)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Stephenie Lane No. 3 from Osama & Cindy Nijmeh; and
WHEREAS, the property, .33 acres, more or less, at 16010 Stephenie Lane (northeast corner
of Stepheme Lane & Blossom Hill Road, APN: 523-25-031) is contiguous to the Town of Los Gatos
and is within its urban service area; and
WHEREAS, the following special districts would be affected by the proposal: Santa Clara
County Library Service Area; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, the Town Council enacted an ordinance over 20 years ago pre-zoning the
subject territory with an R-1:8 (single family residential, 8,000 sq. ft. minimum lot size) zoning
designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the
reorganization has determined annexation of the subject property is exempt for the California
Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and
WHEREAS, the County Surveyor of Santa Clara County has found the map and description
(Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to
be definite and certain, and the proposal to be in compliance with LAFCO's road annexation
policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Councils of the
Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to
the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have
consented to this annexation; and
WHEREAS, Government Code Section 56663(a) provides that if a petition for annexation is
signed by all owners of land within the affected territory the Town Council may approve or
disapprove the annexation without public hearing;
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los
Gatos hereby initiates annexation proceedings and will consider annexation to the territory
designated as Stepheme Lane No. 3 at their regular meeting of February 18, 2008.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 22°d of
January 2008, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TO'V%lf\l OF LOS GATOS
PLANNING DIVISION
MEI Job No. 07006
"EXHIBIT A"
October 25, 2007
LEGAL DESCRIPTION
ANNEXATION TO: TOWN OF LOS GATOS
NAME OF ANNEXATION: STEPHENIE LANE NO.3
(See Mission Engineers, Inc. Drawing No S-14009 "EXHIBIT B")
Real property in the unincorporated area of the County of Santa Clara, State of
California, being a portion of RANCHO RINCONADA described as follows:
Beginning at an angle point in a Northerly boundary line of ANNEXATION
WINTERBROOK NO. 1, said angle point being at the intersection of the Northerly
boundary line of Blossom Hill Road (20 foot half street as established by said
ANNEXATION) as established in the deed from Benedict Chirco, et al, to the County of
Santa Clara, dated May 5, 1942 and recorded May 18, 1943 in Book 1143 of Official
Records, Page 18, Santa Clara County Records; with the Southwesterly boundary line of
the 12.217 acre parcel of land conveyed by Leo Baumgartner, et ux, to Benedict Chirco,
by deed recorded March 23, 1923 in Book 20 of Official Records, Page 45, Santa Clara
County Official Records;
1. Thence, from said Point of Beginning along a boundary line of said ANNEXATION
and said Southwesterly boundary line North 12° 45' 00" West, 10.15 feet to the Southeast
corner of ANNEXATION STEPHENIE LANE NO. 1;
2. Thence, continuing along the Easterly boundary line of last said ANNEXATION and
being said Southwesterly boundary line of last said land North 12° 45' 00" West, 102.63
feet to the Southwesterly comer of that certain land described in deed filed on August 25,
1947 in Book 1498 at Page 165 Santa Clara County Official Records;
3. Thence, leaving last said ANNEXATION boundary line along the Southeasterly
boundary line of last said land North 68° 28' 00" East, 124.415 feet to the Northeasterly
boundary line of said land described in Book 20 at Page 45 Santa Clara County Official
Records;
4. Thence, along last said line South 17° 36' 56" East, 109.09 feet to said Northerly
boundary line of Blossom Hill Road being the Northerly boundary line of said
ANNEXATION WINTERBROOK NO, l;
5. Thence, along last said line South 67° 21' 00" West, 134.27 feet to
said Point of Beginning and containing 0.3267 acres, more or less.